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LAMB BROS., INC. v. FIRST STATE BANK

No. 415-078; SC 25089.

589 P.2d 1094 (1979)

285 Or. 39

LAMB BROTHERS, Inc., an Oregon Corporation, Respondent-Cross-Appellant, v. FIRST STATE BANK of Oregon, an Oregon Banking Corporation, Appellant-Cross-Respondent.

Supreme Court of Oregon.

Decided January 23, 1979.

Attorney(s) appearing for the Case

David C. Haugeberg, McMinnville, argued the cause for appellant-cross-respondent. With him on the brief were Frances E. Marsh of Marsh, Marsh & Haugeberg, P.C., McMinnville, and J.W. Rosacker, Portland.

Barnes H. Ellis of Davies, Biggs, Strayer, Stoel & Boley, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Gregory R. Mowe, Portland.

Before HOLMAN, P.J., and TONGUE, HOWELL, BRYSON, LENT and LINDE, JJ.

BRYSON, Justice.

Plaintiff brought this action against defendant bank to recover damages for the negligent sale of collateral by defendant, a secured party. The case was tried without a jury and judgment was entered in favor of plaintiff. Defendant bank appeals. Plaintiff also appeals from the trial court's failure to award certain damages.

Clyde and Franklin Lamb are brothers. Clyde Lamb was the sole owner of all of the shares of plaintiff corporation. Clyde...

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